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Motion To Dismiss (C)(4)

Horizontales
In considering a (C)(4) Motion to Dismiss all questions and inferences from the evidence must be resolved in favor of the _________.
A (C)(4) motion must allege that the facts fail to establish a ___________ case.
In considering a (C)(4) motion to dismiss it is improper for the trial court to determine factual issues or determine the _________ of witnesses.
The court has discretion to receive evidence at a __________ on a (C)(4) motion to dismiss.
Questions of motive, intent or __________ should not be decided in a (C)(4) motion to dismiss.
Verticales
A motion filed pursuant to Rule 3.190 (C)(4) must allege that the material facts are ____________.
The State's response to a (C)(4) motion must deny or dispute a material fact with _____________.
The Defendant has the initial ________ of proving the factual allegations contained in a (C)(4) motion.
If the State fails to respond to a (C)(4) motion, the facts alleged are deemed ______.
The State's response to a motion to dismiss under (C)(4) is called a _______.
The Defendant's motion to dismiss and the State's response must be _________ to.